Air Quality

Deregulation, Normal Accidents, and the Airborne Toxic Event

What can we learn from the East Palestine train wreck?

Source: Wikimedia Commons The East Palestine train derailment is the story that won’t go away.  Images of enraged residents shouting at company executives and government officials about the inadequacy of the response remind us all that across our vast industrial economy accidents of one sort or another are always waiting to happen while private firms …

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Unraveling LA’s Hydrogen Combustion Experiment

Combusting hydrogen could keep natural gas plants online, but they won’t be “green” for years––if ever.

This is Part II of “Unraveling Hydrogen,” a series covering the basics of hydrogen policy. The first post, introducing the series and covering how hydrogen is produced, is available here. Led Zeppelin’s eponymous 1969 album featured an iconic photo of the Airship Hindenburg going up in flames above Lakewood, New Jersey in 1937. By all …

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The Presidency Under Siege

The current Justices are no friends of presidential power.

As recent scholarship has shown, the Supreme Court has been increasingly aggressive in countering exercises of presidential power. From the environmental perspective, West Virginia v. EPA is the most relevant example of the Court’s efforts to cut the presidency down to size.  True, the Court purported to be chastising EPA, part of the bureaucracy. Yet …

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Congressional Cancel Culture

Once again, the Congressional Review Act rears its ugly head.  

The Congressional Review Act (CRA) provides a fast-track process for canceling regulations if they hit an ideological nerve or offend a powerful special interest. Congressional Republicans are busily trying use it to cancel environmental regulations. Earlier this month, the target was a regulation encouraging pension managers to consider the impact of climate risks on their …

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50 Years Ago: Environmental Law in 1973

Five decades back, the country was in the midst of unprecedented environmental ferment.

1973 was at the crest of the environmental surge that swept the United States half a century ago.  In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. The first EPA Administrator took office in 1971. Continuing the legislative wave, 1973 saw the passage of the Endangered …

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Unraveling Hydrogen: Part I

The first in a series that examines the hype around hydrogen production.

For over a century, supporters of hydrogen energy have billed H2 as the fuel of the future. In his 1874 novel, The Mysterious Island, Jules Verne wrote that “water will one day be employed as fuel, that hydrogen and oxygen which constitute it, used singly or together, will furnish an inexhaustible source of heat and …

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Learning to Name Environmental Problems

It was only in the 1960s that the Supreme Court learned to talk about “pollution” and “wilderness.”

There are Supreme Court cases going back a century or more dealing with what we would now consider environmental issues such as preserving nature or air pollution. But when did the Court start seeing filthy rivers and smokey cities as embodiments of the same problem, despite their striking physical differences?  And when it did start …

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A Taste of Things to Come

Welcome to 2023. It’s going to be a wild ride.

In the past week, we’ve gotten a glimpse of what the next two years will look like. On the one hand, chaos in Congress. On the other hand, quiet progress toward environmental goals by the Biden Administration.  Both trends are likely to continue throughout this Congress and the second half of the presidential term. The …

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Keep on Trucking

A new rule will clean up exhaust from new diesels, a major health threat.

Last week, EPA finalized its new rule imposing emission limits on new heavy trucks. The new regulation was clearly a massive undertaking. EPA’s formal announcement of the new rule is 1100 pages long. The accompanying summary of comments on the proposed rule and EPA’s responses is another 2000 pages. This is partly due to the …

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UCLA Environmental Law Clinic Students’ Work Used in Litigation for Improved Refinery Monitoring

East Yard Communities for Environmental Justice, represented by Earthjustice, filed a petition drafted by UCLA ELC students

On Monday, environmental-justice advocates filed a petition drafted by two of our amazing UCLA Environmental Law Clinic students, Sarah Repko and Monica Heger, opening litigation to improve monitoring of petroleum refineries in Southern California. This spring, Sarah and Monica had the exciting opportunity to work with Earthjustice’s Community Partnerships program to prepare litigation enforcing state …

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